Persuasive Authority

Persuasive Authority

Sources of law, such as related cases or legal encyclopedias, that the court consults in deciding a case, but which, unlike binding authority, the court need not apply in reaching its conclusion.

References in periodicals archive ?
Circuit Court of Appeals could offer some persuasive authority.
This should be used as strong, persuasive authority for full coverage.
At most, arbitral awards provide persuasive authority and arbitral tribunals may be motivated to reach an outcome consistent with published awards.
Having considered the holding of other jurisdictions regarding the scope of an appraiser's rights and duties under an appraisal clause in an insurance policy, we conclude that the more persuasive authority is the authority holding that an appraiser's duty is limited to determining the 'amount of loss' --the monetary value of the property damage--and that appraisers are not vested with the authority to decide questions of coverage and liability; we thus adopt that holding as our rule of law.
What we can have is persuasive authority," she said.
Five circuits indicate that unpublished opinions, while falling short of binding precedent, may be considered as persuasive authority or for their persuasive value.
That is, from the realist perspective, one effect of NFIB is to enable litigators to cite the opinion of Justice Roberts and the joint dissent of Justices Kennedy, Scalia, Thomas, and Alito as binding authority (and in the alternative as persuasive authority (111)).
Although this act only applies in England, Wales, Northern Ireland and Scotland, it has had persuasive authority in other common law jurisdictions.
There is no system of precedent, although decisions of the highest court typically have persuasive authority.
Despite the analysis in Stroud135 and its progeny, (136) the cases discussed in Part III suggest that litigants should be able to cite as persuasive authority appellate court opinions that were vacated on grounds that do not call into question the propositions for which they are cited.
The court relied on the EEOC as a persuasive authority," says Vladimir Belo, a partner at Bricker & Eckler.